1986 PLP 182 (SCMR)
MUHAMMAD YUSUF‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1986 PLP 182 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and Shafiur Rahman, JJ |
| Parties | MUHAMMAD YUSUF‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1986 PLP 182 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1986 PLP 182 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Shafiur Rahman, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 182 (SCMR) (MUHAMMAD YUSUF‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑Art. 203‑F(2‑B)‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10(2)‑‑Offence of Zina‑‑Conviction‑‑Accused committing Zina with a woman who was not married to him‑‑Sentence imposed also not excessive‑‑Conviction upheld‑‑Leave to appeal refused‑‑Benefit of S.382‑B, Cr.P.C. was however allowed to accused.
Judgment & Decree
NASIM HASAN SHAH, J.‑‑Petitioner, Muhammad Yousaf, by this petition (through Jail) under Article 203‑F(2‑B) of the Constitution, seeks leave to appeal against the judgment passed by a Division Bench of the Federal Shariat Court, Islamabad on 27‑3‑1985, whereby his appeal (also through Jail) challenging his conviction under section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, hereinafter referred to as the Ordinance, and the sentence of 5 years' R.I. plus whipping (numbering 20 stripes) and a fine of Rs.1,000 or in default further one years' R.I., recorded by the learned Additional Sessions Judge‑I, Rahimyar Khan vide judgment dated 2‑5‑1984, was dismissed. I have carefully perused the judgments of the Courts below and have also gone through the evidence. It is quite clear that Mst. Jameela Inayat P.W.5, a young unmarried girl of about 16 years eloped with the petitioner (Muhammad Yousaf) during the night of 5th/6th October, 1983 and lived with him for about 10 days until they were arrested by the Quetta Police on 17‑10‑1983 and that during this period the petitioner had sexual intercourse with her. He has, therefore, rightly been convicted under section 10(2) of the Ordinance as he was committing Zina with a woman who was not married to him. The sentence imposed is also not excessive. I would dismiss this petition. However, he may be granted the benefit of section 382‑B, Cr.P.C. in computing the sentence he has yet to undergo. The petition is dismissed the benefit of S. 382‑B, Cr.P.C. is, however, allowed in the matter of computation of sentence. M. Y. H. Leave refused.